Can You Get Around Eminent Domain?

If you are dealing with an eminent domain claim, you may be asking the question, “Can you get around eminent domain?” While it can be difficult to do so, there are options available to property owners. With the help of an experienced eminent domain attorney, you can explore these options. An attorney can also ensure that your legal rights are protected. The government may attempt to offer you an unfair deal, so you need an attorney to properly fight back.

Ways to Get Around Eminent Domain

There are three main ways to get around eminent domain:

• Public use, not private. If you discover that the government plans to take over your property and turn it into something for private use, this could stop the eminent domain process immediately.
• Lack of due process. If you are not awarded due process in law, you could use that against the government. You have the legal right to due process, which is the fundamental principle of fairness during legal matters. It ensures that you’re treated fairly and holds the government accountable for following established rules, laws, regulations, and legal principles.
• Not being offered just compensation. If you are not offered just compensation, you may be able to get around eminent domain.

Importance of Just Compensation

According to the 5th Amendment of the U.S. Constitution, no governmental authority can take over private property without offering just compensation to the owner. If the property is damaged or destroyed by the government, owners must receive compensation for that as well. Some important factors to evaluate when determining just compensation include:

• Fair market value of the land
• Fair market value of any improvements on the property
• Expenses incurred to relocate
• Loss of any income created by the property, such as if the owner had a business operating out of the property that they now have to relocate
• Any damages caused by the government’s project

Examples of Eminent Domain

Eminent domain can be difficult to understand. Highlighting a few examples may be helpful.

• Highways: Many times, when highways are starting to be built, the government will enact eminent domain to acquire the necessary land.
• Shem Creek Park: The South Carolina State Port Authority acquired the land where Shem Creek Park sits. This was done through the use of eminent domain.
• Stadiums: A famous example of eminent domain happened in Texas involving AT&T Stadium, which is used by, among others, the Dallas Cowboys. The construction of this stadium in Arlington, Texas, required the use of eminent domain. The city had to acquire the land necessary to construct the stadium.

FAQs

Q: Is There Any Way to Fight Eminent Domain?

A: Yes, there are ways to fight eminent domain. One of the most successful methods of fighting against it is to hire an experienced attorney. An attorney can represent you in negotiations and legal proceedings. An attorney can also work with any other relevant parties to help prepare a strong case for you. Another way to fight is to argue that the compensation offer is unfair. Owners can hire an independent appraiser to get a second opinion on the value of the property.

Q: Is Eminent Domain Negotiable?

A: Yes, eminent domain is negotiable. Along with just compensation, property owners are entitled to a fair negotiation process. The government will offer you a price for your property. It’s not uncommon for the first offer to be lower than expected. Like any negotiation process, there may be some back and forth before a final price is agreed upon. When negotiating with the government, some key items to consider are relocation expenses, the value of the land, and any damages to the property.

Q: What Limitations Are There on Eminent Domain?

A: Eminent domain is limited by three main clauses. One is that property can only be taken for public use. It can never be taken for private use. The second limitation is that the government must pay just compensation to the property owner in exchange for their property. This amount should be commensurate with the property’s fair market value and compensate the owner for any relocation expenses. The third limitation is that no owner should be deprived of their property without due process.

Q: How Do I Know If I Am Getting Just Compensation?

A: You will know if you’re getting fair compensation if the offer is in line with the fair market value of the property. Fair market value will largely be determined by the appraisal. The appraiser may use one of two, or a mix of, different approaches. One approach is the income approach. This calculates the value of the property based on projected future income. The second approach is the cost approach, which considers how expensive it would be to build an equivalent replacement.

Q: Why Do I Need Legal Representation for Eminent Domain?

A: Having strong legal representation for your eminent domain case is extremely vital. Hiring an experienced eminent domain lawyer is one of the greatest decisions you can make. A lawyer can:

• Help you determine what and what not to share with the government authorities.
• Review the claim to spot any legal violations.
• Ensure that the appraiser, surveyor, and environmentalist do their job correctly.
• Negotiate for fair compensation on your behalf.

These types of cases can quickly become complex, so having legal representation can help you protect your interests.

The Legal Guidance You Need

Knowing the intricacies of eminent domain law can be difficult, especially for those with no legal background. Having an experienced eminent domain attorney on your side can be absolutely necessary to have a successful case. Not only can an attorney know how to negotiate fairly, but they can also know how to ensure that your rights aren’t violated. It’s not uncommon for governmental entities to take advantage of people during these kinds of cases.

Mack & Mack Attorneys has the experience and acumen necessary to help you fight back against eminent domain. We have helped countless residents across South Carolina protect their properties. With our compassion, dedication, and determination, we can work hard and explore every available legal option for you. Our experienced team could be the difference in your case. Contact us at our office today to see how we can help you.